General Immigration Discussion

[knight]

Q - I'm not talking about an Indian company. This is Qualcomm I'm talking about!! Nevertheless, be it Indian company/multinational, I still think that this is kind of abusing the system. Qcom is just one company I know is doing this. Not sure how many other companies are doing similar stuff(!!)

knight

Generally I am very defensive about EB1C use by Indian companies but in this case I do agree that if true this is absolutely outrageous. I wonder if this practice is really widespread within all of EB1Cs ...

May be USCIS should really make EB1C very strict or simply abolish this category. Your example shows the fallacy of EB1C.

[nishant2200]

Q - I'm not talking about an Indian company. This is Qualcomm I'm talking about!! Nevertheless, be it Indian company/multinational, I still think that this is kind of abusing the system. Qcom is just one company I know is doing this. Not sure how many other companies are doing similar stuff(!!)

EB1C Club: http://www.trackitt.com/usa-discussi...7133/eb1c-club

They are complaining about waiting for few months, and even writing to senators etc.


So far I have yet to come across a single genuine EB1C.

And another big, "jale par namak" - salt on wounds, with these guys is, they are always married and also they bring one or two kids with them too, to gobble up further numbers from the kitty

Anyways, just ranting and sharing your frustration here

[gcseeker]

Knight

Thanks for posting this information. I have friends who work there and can confirm this .Qualcomm does this rampantly ( very few semicons dare to do this ) and yes Indian companies do this rampantly.Even after all the noise about Kazarian have noticed there are quite a few people coming in through the EB1C loophole .Typically people will work for one year in India for the company , would have inflated resumes and also will manage to title themselves in such a way that the clear hierarchy requirement of USCIS is satisfied and will get their GC's within a year.

Anwyaz there are many such things going on where good intentions and rules are abused by companies and individuals adding to a lot of pain for individuals.

EB1C loopholes and Porting loopholes are to name a few.Some people will always beleive in jumping lines.

I rest my case, have stopped bothering about such information since we are powerless to stop this.

Just have to wait in line honestly untill the powers to be grant us an chance to atleast file 485 ...heart breaking to say the least.


By the way This is also the reason I beleive SOFAD from EB1 might not be as good this year ....people game or learn to game the system within a year of new rules usually.With a bad economy ,companies are usually motivated to hire more mutlinational managers ( beats me why !!!)

Hello all,

I've been reading this forum everyday for about a couple of months now, and finally decided to register. I am a EB2I PWMB with a PD of 04May07. I was hoping that my PD will get current this September, but like everyone was disappointed. Anyways, kudos to all the gurus for the great number crunching that you do and the other members as well. I really appreciate the camaraderie on this forum.

I have some information that I wanted to share - a lot of people from the company (in SanDiego) that I work for, have moved to A (in Cupertino). There was a sudden need for people with experience here and so the company decided to bring a bunch of people from the branch in India, promising them that they would file GCs for them in EB1. These are not very senior guys either and have about the same experience as me. Over the past 3 months, I have seen several people who came here from the India branch. Our company filed for them in EB1 and to my surprise almost all of them got FP notices by now. And I thought to myself - here I am slogging for five years, and most likely will have to wait for one more.

I have read posts about Kazarian memo and how difficult things are for filing in EB1, but I guess that only applies for students/researchers who got their PhD here. I wonder what kind of restrictions exist / how strict USCIS is about the applications filed for manager positions in EB1. Apparently, our company lawyers seem to have found a quick way to get around those! Not very fair IMHO, and I am a victim of this as well!!

[qesehmk]

Wow! I heard that's where the IV founder works or used to work BTW!!

Anyway .... but if one were pissed about this and would complain to USCIS, I wouldn't blame them. Totally understand the frustration.

Q - I'm not talking about an Indian company. This is Qualcomm I'm talking about!! Nevertheless, be it Indian company/multinational, I still think that this is kind of abusing the system. Qcom is just one company I know is doing this. Not sure how many other companies are doing similar stuff(!!)

[polarbear]

My first post here. Great job by the experts in making sense out of this huge amount of data.

knight - i have also personally seen this happening and feel your pain. It is also being done in Intel and MS.

It does look like EB1C is going to be a silent killer.I have known tens of folks who got GCs within a year in this category and earlier my reaction used to be "its good that at least some companies are standing up for their employees...good for them". But over the last 2 years, the number has grown multifold and this category has turned into one big loophole.

Wow! I heard that's where the IV founder works or used to work BTW!!

Anyway .... but if one were pissed about this and would complain to USCIS, I wouldn't blame them. Totally understand the frustration.

Q - I'm not talking about an Indian company. This is Qualcomm I'm talking about!! Nevertheless, be it Indian company/multinational, I still think that this is kind of abusing the system. Qcom is just one company I know is doing this. Not sure how many other companies are doing similar stuff(!!)

[TheTexan]

Guys,

I feel the pain too. Although my co. does not have this kind of thing going on, I've come across lot of people who would do practically nothing in India, but have titles like 'Global Manager...' come here and get their GCs.

But I gotta say that there doing this staying in the realm of legality. It will be difficult to prove that they are exploiting the system.

There is another group of people that pisses me off. They are the ones who get their GCs done (in EB category ofcourse) just "as another option" and then keep b* about US.

Anyways, just ranting.

[qesehmk]

That's what matters in the end. Just like any other system this too has its flaws.
Anyway ...keep cool down there. I hear record heat and lots of water main breaks in houston eh?

Guys,

I feel the pain too. Although my co. does not have this kind of thing going on, I've come across lot of people who would do practically nothing in India, but have titles like 'Global Manager...' come here and get their GCs.

But I gotta say that there doing this staying in the realm of legality. It will be difficult to prove that they are exploiting the system.

There is another group of people that pisses me off. They are the ones who get their GCs done (in EB category ofcourse) just "as another option" and then keep b* about US.

Anyways, just ranting.

[nishant2200]

Guys,

I feel the pain too. Although my co. does not have this kind of thing going on, I've come across lot of people who would do practically nothing in India, but have titles like 'Global Manager...' come here and get their GCs.

But I gotta say that there doing this staying in the realm of legality. It will be difficult to prove that they are exploiting the system.

There is another group of people that pisses me off. They are the ones who get their GCs done (in EB category ofcourse) just "as another option" and then keep b* about US.

Anyways, just ranting.

This is also rampant, especially in these guys who get it easily. 'kabhi sadi gali phul ke bhi aaya karo ji' , where we are waiting since eternity.

I am seriously considering reading up on EB1C and writing letter to DHS/USCIS to consider a memo like Kazarian to have a standard which comensurates the EB1. Frankly only fear of hassling with system while waiting for GC is holding me back.

[TeddyKoochu]

Guys,

I feel the pain too. Although my co. does not have this kind of thing going on, I've come across lot of people who would do practically nothing in India, but have titles like 'Global Manager...' come here and get their GCs.

But I gotta say that there doing this staying in the realm of legality. It will be difficult to prove that they are exploiting the system.

There is another group of people that pisses me off. They are the ones who get their GCs done (in EB category ofcourse) just "as another option" and then keep b* about US.

Anyways, just ranting.

Well said, we all feel the pain but the way the current criteria’s are defined all one has to prove is that he / she has been a manager outside US for a year and currently is a manager with US and non US reports. Since EB1 is a category for the exceptional maybe USCIS and DOS should come up with a memo so that it can be reserved for truly exceptional managers (Unfortunately it may not be those who are good managers ) but atleast people who have say a 100 plus reports or who command very high dollar revenues for an account or are part of executive management like (CEO, COO, CFO etc) of atleast a 100 people company. Most of the companies file for EB1 visas for those managers who have established some kind of good liaison with the end client and then they claim to their higher management that without them the project will be lost etc, it’s all about being at the right place at the right time there is not something very academic about it. Most success stories at client side are written by people who actually work 12 hours a day onsite and offshore and not by these managers however not everything is fair, quite often the people who come onsite and become coordinators and managers are never the best and brightest but they are masters in politics and pulling strings and beneficiaries of favoritism. I will end my ranting here

[TheTexan]

That's what matters in the end. Just like any other system this too has its flaws.
Anyway ...keep cool down there. I hear record heat and lots of water main breaks in houston eh?

Q,

I agree. Btw, I am trying to stay cool here..yesterday the temp was 102 and felt like 110. Frankly I can't tell the difference between 102 and 110, anything above 100 is uncomfortably hot! :-)

[ivaarz]

Thanks Knight for bringing it to notice. I think we should act on these fraudulent cases. Please use the below information to report any of these cases. You can do it anonymously. While I agree that couple of people may be senior enough and be eligible for EB1, but majority of them would be disqualified. Even if they all get through for now, it would atleast highlight the loopholes in the system and discourage the company lawyers from gaming the system so easily because of increased scrutiny.

We know how much we all struggle for GC toiling day in and out . We go through several sacrifices on career and family fronts and it is disheartening to see such fraud happening. We only help ourselves by reducing this EB1 fraud.

Let us report the cases and let USCIS and company lawyers figure what is right and wrong.....

************************************************** ****************************************
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
************************************************** ****************************************

Hello all,

I've been reading this forum everyday for about a couple of months now, and finally decided to register. I am a EB2I PWMB with a PD of 04May07. I was hoping that my PD will get current this September, but like everyone was disappointed. Anyways, kudos to all the gurus for the great number crunching that you do and the other members as well. I really appreciate the camaraderie on this forum.

I have some information that I wanted to share - a lot of people from the company (in SanDiego) that I work for, have moved to A (in Cupertino). There was a sudden need for people with experience here and so the company decided to bring a bunch of people from the branch in India, promising them that they would file GCs for them in EB1. These are not very senior guys either and have about the same experience as me. Over the past 3 months, I have seen several people who came here from the India branch. Our company filed for them in EB1 and to my surprise almost all of them got FP notices by now. And I thought to myself - here I am slogging for five years, and most likely will have to wait for one more.

I have read posts about Kazarian memo and how difficult things are for filing in EB1, but I guess that only applies for students/researchers who got their PhD here. I wonder what kind of restrictions exist / how strict USCIS is about the applications filed for manager positions in EB1. Apparently, our company lawyers seem to have found a quick way to get around those! Not very fair IMHO, and I am a victim of this as well!!

P.S: Btw, great site. My first post here. Almost relegiously visit it several times in the day. Finally, felt so emotional on this topic that I had to jump in and post.

[TheTexan]

You are right, if w are the ones who suffer then we are the ones who need to take action. I am not saying that all Eb1C are non-deserving but we certainly need to point the USCIS that this is exploited.

[Spectator]

I'm not going to rant about EB1C. It is a legal Category. Not many people would pass up the chance to get their GC quicker, given the chance.

I do think it is slightly out of whack with EB1A/B, which require a demonstration that the person is the "best of the best".

I do think EB1C could be improved if something similar were introduced to the criteria needed to achieve it.

Perhaps demonstrating that the position is "business critical" and tangible harm would be done by not granting an approval would be reasonable. I think that was more the intent of Congress when the law was passed.

I don't think simple metrics such as number of reports alone is a good measure - that is too easy to say, where the reality is rather different. Like EB1A/B, maybe that is part of the initial evidence, but a final merits determination would assess the criticality of the position to the business and why that person alone has to fill the position.

If nothing else, it would provide pause for thought before submitting the application.

At the end of the day, it requires legislation to change anything, which is a very unlikely prospect.

My last on the subject.

[mesan123]

i dont know ....bcoz i encountered couple of people who got there GC (thru EB1 manager catogery) who actually were not managers back in india. all together the 2 guys i am talking about had only 3 years of real time experience and did not work with this client before and there position in the client place was just Sr.developers. only advantage they had were they were sr.associates in there company for one year...which got them there GC in USA with in 6 months after they landed here .Well there own company's Tech lead could not file in that catogery bcoz he came to USA he was just Associate....

Well said, we all feel the pain but the way the current criteria’s are defined all one has to prove is that he / she has been a manager outside US for a year and currently is a manager with US and non US reports. Since EB1 is a category for the exceptional maybe USCIS and DOS should come up with a memo so that it can be reserved for truly exceptional managers (Unfortunately it may not be those who are good managers ) but atleast people who have say a 100 plus reports or who command very high dollar revenues for an account or are part of executive management like (CEO, COO, CFO etc) of atleast a 100 people company. Most of the companies file for EB1 visas for those managers who have established some kind of good liaison with the end client and then they claim to their higher management that without them the project will be lost etc, it’s all about being at the right place at the right time there is not something very academic about it. Most success stories at client side are written by people who actually work 12 hours a day onsite and offshore and not by these managers however not everything is fair, quite often the people who come onsite and become coordinators and managers are never the best and brightest but they are masters in politics and pulling strings and beneficiaries of favoritism. I will end my ranting here

[qesehmk]

Spec,

At least soem people are saying that the category is fine. But its the fraud that is taking place in it that is hurting them.

I'm not going to rant about EB1C. It is a legal Category.

[bieber]

Eb1C can be effective if 'companies are not h1b dependent' clause is applied. or if they maintain h1b like strict regulations while approving L1s (this is already been happening and that's the reason Indian s/w MNCs are trying to hire people who are already on h1 here and willing to work through us local company)

[Spectator]

Spec,

At least soem people are saying that the category is fine. But its the fraud that is taking place in it that is hurting them.

Q,

Sure, but it is not very productive to single out a specific part of the immigration system as fraudulent. Unfortunately, fraud affects every part of it and people would get their GC quicker if it was not present, whatever the Category.

The weak, objective nature of the Category is a larger problem, because that creates the loophole in the first place. If it exists, it will be exploited.

[qesehmk]

Absolutely agree. In fact my position has been that as long as somebody follows all rules, we shouldn't be complaining about those approvals regardless how weak the rules are. The simple reason being teh system needs to change not individuals. However in this case again - if there is fraud - while I may not choose to go ahead andcomplain - I do think that its understandable if somebody reports fraud.

Q,

Sure, but it is not very productive to single out a specific part of the immigration system as fraudulent. Unfortunately, fraud affects every part of it and people would get their GC quicker if it was not present, whatever the Category.

The weak, objective nature of the Category is a larger problem, because that creates the loophole in the first place. If it exists, it will be exploited.

[srimurthy]

knight

Generally I am very defensive about EB1C use by Indian companies but in this case I do agree that if true this is absolutely outrageous. I wonder if this practice is really widespread within all of EB1Cs ...

May be USCIS should really make EB1C very strict or simply abolish this category. Your example shows the fallacy of EB1C.

What was shared by Knight is true and I have heard a few more companies doing this. I also know of a few cases where people where on EB3 with a company and since there is no hope of this getting done soon, return to home land for a year or so and then come back with new designation and file under EB1.

[cbpds1]

Please go ahead and write, u are doing good karma !!

This is also rampant, especially in these guys who get it easily. 'kabhi sadi gali phul ke bhi aaya karo ji' , where we are waiting since eternity.

I am seriously considering reading up on EB1C and writing letter to DHS/USCIS to consider a memo like Kazarian to have a standard which comensurates the EB1. Frankly only fear of hassling with system while waiting for GC is holding me back.

[TeddyKoochu]

i dont know ....bcoz i encountered couple of people who got there GC (thru EB1 manager catogery) who actually were not managers back in india. all together the 2 guys i am talking about had only 3 years of real time experience and did not work with this client before and there position in the client place was just Sr.developers. only advantage they had were they were sr.associates in there company for one year...which got them there GC in USA with in 6 months after they landed here .Well there own company's Tech lead could not file in that catogery bcoz he came to USA he was just Associate....

As long as they were supervising a few associates or they were tech leads or team leads for a few associates in India for a year prior to coming to US the legal requirement is satisfied. Attorneys can then show this as Managerial experience in home country / outside US. As many others have said all these EB1C filings are within the purview of law as there are no hard definitions ascribed to managing, so someone managing 3 people is also fine as long as the company is ok going that route.

[leo07]

Guys, Yes, it's painful to see fraudulent cases getting approved while we wait for decades. But, it's the system that's at fault, we can notify and complain if we know of any fraud first-hand. Outside that there is no point bickering or hating any one, IMHO.

PS: That's Sukkhoi T-50 if you are wondering. Russia-India collaboration, which could get into IAF by 2013.

[mesan123]

You are right teddy...actually in real scenario they were not...no people were reporting to them when they were in india.....but the company attornies are good...who can show that...they were my friends......i dont blame them....i belive if our company gets us GC in 6 months ....no one will tell no ....but itz the companys who are really taking advantage of the law forsure.....

As long as they were supervising a few associates or they were tech leads or team leads for a few associates in India for a year prior to coming to US the legal requirement is satisfied. Attorneys can then show this as Managerial experience in home country / outside US. As many others have said all these EB1C filings are within the purview of law as there are no hard definitions ascribed to managing, so someone managing 3 people is also fine as long as the company is ok going that route.

[donvar]

This is also rampant, especially in these guys who get it easily. 'kabhi sadi gali phul ke bhi aaya karo ji' , where we are waiting since eternity.

I am seriously considering reading up on EB1C and writing letter to DHS/USCIS to consider a memo like Kazarian to have a standard which comensurates the EB1. Frankly only fear of hassling with system while waiting for GC is holding me back.

This is also rampant, especially in these guys who get it easily. 'kabhi sadi gali phul ke bhi aaya karo ji' , where we are waiting since eternity.


I am seriously considering reading up on EB1C and writing letter to DHS/USCIS to consider a memo like Kazarian to have a standard which comensurates the EB1. Frankly only fear of hassling with system while waiting for GC is holding me back.

Nishant and Knight
This is a blatant abuse. This is rampant in companies where founders/members had links with IV. CTS annually files around 450 EB1C primary applications. I dont know how come they need so many multinational managers.

These people must be taking around 7-8 K (Total EB1C -IC 12-14K, looking at EB1C consumption).

Simply writing to senators wont do the job. We should meet with some people to ask for stringent criteria assessment so that only genuine managers International/global managers get through EB1C.

Lets get together on this. I have sent you PM.

[soggadu]

hey this is offtopic... so please delete as needed....

I want to get Gandhi topi as i am going to participate in anna's fast this weekend for a day...any idea how and where i can get this??

Hey also, anybdy interested and in NJ...let me know... we can get together and fast for a good cause...